For more information on Students and Accessibility Services, please click on this link.
Are students with disabilities required to meet the same academic standards as other students?
Yes! Students with disabilities must meet the same admissions and retention standards as is required of other students. Students who have academic difficulty due to a disability or illness may appeal a denial of admission or a retention decision at which time disability information may be used by the appeal committee to make a final decision. The appeal committee may offer provisional admission or retention. There are no quotas related to students with disabilities.
How will these students cope in the workforce if accommodations are provided at the College?
The purpose of accommodations in postsecondary education is to level the playing field for students in an academic setting and allow the student to receive an education without discrimination. Accommodations in employment are often similar to those in postsecondary education. Employers also provide reasonable accommodations to persons with disabilities under Title I of the Americans with Disabilities Act. In both cases, individuals with disabilities must meet the same performance criteria as others.
What is a disability and who is eligible for services from Accessibility Services ?
The ADA defines a disability as a physical or mental impairment that substantially limits a major life activity. Individuals who have a history of such an impairment or have been regarded by others as having an impairment are also protected from discrimination under the ADA. NICC Accessibility Services serves students who meet the eligibility guidelines of the College. These guidelines are defined by each institution based on several factors, including the definition of disabilities set forth in the Americans with Disabilities Act (ADA). Students do not need to be U.S. citizens to be eligible for services.
The ADA refers to “reasonable accommodations.” But, what does that mean?
Reasonable accommodations are adaptations aimed at mitigating the impact of the disability without compromising the integrity of the academic program or course. Accommodations may include instructional strategies, adaptive technology, or aides such as sign language interpreters. Providing reasonable accommodations enables students with disabilities to have equal access to education and services in higher education as required by federal law.
Reasonable accommodations should not lower academic standards or alter the fundamental nature of a course or program. If the reasonableness of a recommended accommodation is in question, faculty are encouraged to discuss their concerns with the Coordinator of Accessibility Services.
How can students with disabilities apply for services and become enrolled with Accessibility Services?
Information regarding disability services is published in College publications. There is also information that is sent to each student at the time of his or her acceptance to the institution, and during orientation. Students are often referred by faculty, advisors, friends and family. Students requesting accommodations must self identify to Accessibility Services and provide current documentation of a qualifying condition. Each student will have a discussion with the Accessibility Services Coordinator who will determine eligibility for services. If the student does not have current medical or psychological documentation, the Accessibility Services Coordinator will refer the student to qualified professionals who can provide the necessary information.
What about confidentiality? How much information am I allowed to know about a student’s disability? If I knew more, maybe I could be more helpful or design a better accommodation.
It is important to remember that it is up to the student to decide how much information they are comfortable sharing. All disability-related information is confidential. Information about a student’s disability should not be disclosed without the student’s permission.
What kind of disability documentation is required? Is a letter from a physician enough?
Students must provide medical evaluations prepared by their providers. The report must be submitted by an appropriate licensed professional. Further, the professional must include their professional credentials. In the case of a medical condition or psychiatric disability, the Accessibility Services Coordinator seeks information related to the medical condition, the limitations the condition imposes, side effects of medications and treatments and other information needed to determine appropriate accommodations.
How is the Accessibility Services office funded? Who pays for accommodations – the student, the department, or the institution?
The College is not permitted to charge students for accommodations or services needed because of a disability. The College is not required to provide items of a personal nature such as wheelchairs, personal computers, readers or tutors for personal study, or personal care attendants. The College is responsible for ensuring that all “programs, services, and activities” are accessible and appropriate and that disability-related adjustments are available.
Who decides whether a student meets eligibility requirements for disability-related adjustments and services and how is it done?
In order to receive services from Accessibility Services, a student must meet the criteria for eligibility as defined by the College and have limitations related to the physical or academic environment. The services provided are determined on a case-by-case basis by the Accessibility Services Coordinator after a careful review of the medical or psychological documentation and interviews with the student, in accordance with ADA.
Should I grade students with disabilities differently than other students?
Students with disabilities need to be held to the same academic standards as other students. It would indeed be unfair to them to do otherwise. It would also violate the intent of the ADA and institutions could be held liable for “watering down the curriculum” for students with disabilities.
What kinds of accommodations are provided?
Accessibility Services provides many accommodations. Some of these include:
Interpreters for the deaf
Readers
Scribes
Note-takers
Testing Accommodations
Assistive technology
Alternate format materials
How should I respond when a student in my class requests accommodations?
The first question is, have you received an accommodation form or letter from the student from Accessibility Services? If not, you will want to refer the student to Accessibility Services. Only they (not you) can determine if the student is eligible for disability-related adjustments and services. Moreover, let the student know that all disability-related accommodations must be approved and coordinated through Accessibility Services. If the student is requesting something that you already make available to students in your classroom, by all means provide that, but do not refer to it as a disability-related accommodation.
What about the student’s behavior? What do I do if a student with a disability needs so much assistance it is affecting the whole class? What if the student is disruptive in class?
First, understand that most accommodations are not time-consuming to the instructor. Most time-consuming services are provided through the Accessibility Services Office. It is important to note that the law does not obligate instructors to tutor students. Individual tutoring is not considered to be a “reasonable” accommodation under the ADA.
Regarding classroom behavior, students with disabilities are bound just as all students are by the institution’s code of conduct and should be held to that code.
If a student’s behavior becomes very disruptive or dangerous or threatening, the instructor should follow established college safety procedures, just as they would with any other student. Faculty can also refer students for tutoring, counseling, and other services and programs offered by the College.
How do I respond to a student for whom the specified accommodations do not seem to be effective?
If the accommodations recommended through Accessibility Services are not working, you may wish to meet with the student again privately and discuss these concerns. It may be that you and the student can reach a more workable solution. If so, document your new agreement and send a copy to the Accessibility Services Coordinator, keeping a copy for your records. It may also be helpful to meet with the student and the Accessibility Services Coordinator to address your concerns and work out a better plan. It is important that you never argue with the student or do anything that might jeopardize the student’s confidentiality. It is also important to maintain the accommodations that were previously recommended until a new solution is agreed upon.
What if a student with a disability has problems with regular attendance in the class?
There may be times when attendance accommodations may be requested if the student’s disability interferes with attending class. For example, a student with a medical condition such as epilepsy or diabetes; a psychological disability such as anxiety or panic disorder; or a physical limitation such as cerebral palsy or multiple sclerosis; may not be able to attend class on some occasions. The presence of a note-taker or tape recorder will be of assistance to these students. On the other hand, it is not reasonable for a student not to go to class because he or she has a note-taker or audio recordings of classes. Students with disabilities are required to meet the same academic requirements of the class as the other students, including attendance. If regular attendance is a problem related to a student’s disability, please contact the Accessibility Services Coordinator to discuss these concerns.
What are the goals of accommodations?
The goals of accommodations is to provide equal access to education and to the academic experience of the institution to qualified students with disabilities. In no way should academic standards be altered. However, at times faculty may need to change the way in which they measure a student’s competency in a subject. For example, a student with a vision impairment may need to have materials read to them or have examinations made available in large print, Braille, or digital format. A student without the use of his or her hands may need an aid in a laboratory or a scribe for a quiz or a computer with special assistive technology devices. Some students may need note-takers or audio recorders in the classroom, or sign language interpreters.
Other students in the class express resentment that accommodations are being provided to another student who appears “normal” but who claims to have a disability. How should I respond?
This situation can be uncomfortable, but can be handled by simply explaining to them that all students have the right to confidentiality. You are not at liberty to discuss any student’s academic situation with others. However, express that you would be happy to meet with him or her individually to discuss their needs.
How do you calculate student's accommodated extra time on exams and quizzes?
The most common testing accommodation students may have is to receive either 50% or 100% extra time on tests. The accommodated extra time should be calculated based on the amount of time that the other students in the class have to take the assessment. For example, if the class is given 50 minutes to complete the test, a student with a 50% extra time accommodation would be allowed 75 minutes to complete the test and a student with an 100% extra accommodation would be allowed 100 minutes.
Providing students with an arbitrary amount of extra time will not meet the student’s needs or comply with the required accommodation. For example, if the class is given 30 minutes for a quiz and a professor provides a student with a 50% extra time accommodation an additional 10 minutes to complete the quiz, this does not comply with the student’s accommodation. This student should receive an additional 15 minutes or 45 minutes total to complete the quiz, to meet the requirement of 50% extra time.
If a professor decides to provide the entire class with additional time to complete a test that is believed to take less time, a student with a 50% or 100% extra time accommodation should still be provided with their accommodated time on top of the time provided to the rest of the class. For example, if the professor creates a test that they believe should take the class 1 hour, but wants to provide all students with 2 hours to complete the test, a student with an accommodation for extra time should still receive their accommodated time on top of the 2 hours provided to the rest of the class. Meaning a student with a 50% extra time accommodation should receive 3 hours to complete this test and a student with a 100% extra time accommodation should receive 4 hours.*
Take home exams that are given over an extended period, such as 24–48 hours, and are projected to take 2 hours to complete, generally do not require an accommodated time. It is expected that a student who needs extra time to complete the exam would be able to plan for that additional time within the extended period allowed for the take home exam.
For additional guidance on this process, please refer to the 2010 Lewis & Clarke OCR Letter
How does the testing accommodation process work?
At NICC, accommodated exams can be administered by the instructor or by the NICC Testing Center. The student is expected to meet with the instructor to determine which option is most appropriate for each course.
There are many details to be determined in an accommodated testing procedure. These details include the date, time, and place of the exam; the conditions for the exam; instructions to the proctor, scribe, interpreter, etc.; and how the exam will be returned to the faculty. The testing center requires all instructors to submit their exams electronically utilizing the Test Submission Form. The form helps to clarify specifics of the examination that is to be proctored in the testing center so all parties are clear on the details. The specific test accommodations are determined for each student by the DS Coordinator, based on their analysis of the student’s disability-related impairment.
Are institutions expected to write individualized education plans (IEP) for students with disabilities or waive courses?
Post secondary educational institutions are not required to write Individualized Education Plans for students with disabilities as public (K–12) schools do. In post secondary education, academic programs are required to consider reasonable adjustments or accommodations that do not compromise the integrity of the program. Modifications should not substantially alter the essential skills of a course. It is unusual for courses to be waived for students with disabilities, especially in their chosen fields of study.
Can I ask a student if they have a disability?
Faculty do NOT have the right to ask students if they have a disability. For those students with documented disabilities, faculty do NOT have the right to ask about the nature of the disability. However, if students choose to disclose their disability, this information should be treated confidentially.
What is my responsibility if a student states they need accommodations?
If a student identifies as having a disability and requests accommodation by providing an Instructional Accommodations Form by the Accessibility Services office , it is the instructor's responsibility to ensure that the learning environment is accessible. Due to the personal and private nature of some disabilities, it is important that instructors create an atmosphere in which students feel comfortable about coming forward to discuss any accommodation requests they may have. It is also imperative that instructors safeguard the confidentiality of students who disclose having a disability and/or request reasonable accommodation for a disability.
What happens if I do not provide the accommodations?
An individual faculty member who fails to provide an accommodation to a student with a documented disability may be held personally liable. In the case of Dinsmore v. University of California at Berkeley, a professor refused to allow extended time on math tests to a student with a learning disability whose documentation specified the need for accommodation. The professor maintained that giving the student extended time provided an unfair advantage. The Office for Disability Services and the university's administrators supported the student's request. However, the professor still refused to allow the accommodation. The OCR found the institution violated Section 504 and ordered the university to establish necessary procedures to ensure that no student would be denied accommodation for equal access. OCR held the institution responsible. The student filed a civil suit against the professor for abridgement of civil rights and the court accepted the case. The case was settled out of court for an unspecified amount. The case signaled that a faculty member could be held liable if his/her behavior denied a student necessary accommodation (Jarrow, 1992).
Are licensing exams for trade purposes (such as cosmetology) or professional purposes (such as bar exams or medical licensing exams, including clinical assessments) required to provide students with disabilities accommodations?
According to the ADA exams administered by any private, state, or local government entity related to applications, licensing, certification, or credentialing for secondary or post-secondary education, professional, or trade purposes are covered by the ADA and testing accommodations, pursuant to the ADA, must be provided. NICC cannot guarantee and does not make arrangements for students to receive accommodations for their professional licensing. Each entity has their own accommodations requirements and the applicant must follow their procedures to access accommodations.
What if there is a scheduling conflict with the student when they take their exams in the testing center?
The testing center generally requires students with testing accommodations to take their exams on the same day and time that the rest of their class does. However, in extenuating circumstances, arrangements will need to be made with the instructor and the student to resolve this issue.
If the instructor wishes the student to return to class for lecture, the student will need to make arrangements in their schedule accordingly so they can receive their extended time and return to class on time for the lecture. If the student arrives late for their exam they will still be required to return to class for lecture at the required time. If they are not finished with the exam, the assessment technician will stop the test and ask the student to return to class.
If there is a scheduling conflict because the student and/or instructor have classes directly before and after the course administering the quiz/exam, the student will need to take the quiz/exam at another time that does not conflict with a class .This time should be agreed upon by the student and instructor.
How can I determine if a student has a disability in my class?
A statement in your syllabus inviting students with disabilities to meet with you privately is a good step in starting a conversation with those students who need accommodations and feel comfortable approaching you about their needs. Let the student know times they can meet you to discuss the accommodations and how soon the student should do so.
A further recommendation is that the statement be read aloud by the faculty member during the first week of class. This approach demonstrates to students that you are someone who is sensitive to and concerned about meeting the needs of ALL students you teach. Furthermore, it affords students the opportunity to make their accommodation needs known to you early in the semester.
How do I address people with disabilities?
The following are some suggestions for communication that can make both you and a student with disabilities more comfortable:
A person with a disability is first and foremost a PERSON with many unique qualities, only one of which may be an impairment that is handicapping in particular settings.
Avoid references, phrases, and words that suggest restrictions, limitations, or boundaries because these phrases tend to carry stereotypes and contribute to discriminating attitudes. Even if a person with disabilities refers to themselves in a particular way, using phrases like “confined to a wheelchair” reflect poor judgment on the part of the speaker or writer. If you feel awkward in how to refer to a person with disabilities, your best bet may be to ask the person.
How can I make a referral to the Accessibility Services Office?
Faculty members sometimes contact Accessibility Services regarding students they feel might need to avail themselves of services offered by our office. Although teachers in high school are active participants in the process of identifying and referring students to special services, there is no comparable requirement in higher education. If you see a student who is struggling, please feel free to refer that student to Accessibility Services. Remember that our students are adults; they may respond best to private conversations in which you use an inquiring and supportive approach and share information about the existence and location of Accessibility Services. Only the student can decide to disclose his or her disability, or to pursue information about services available in the DS Office. If a student is requesting accommodations but has not presented you with an Instructional Accommodations Form from our office, you may ask the student to contact Accessibility Services.